Maria Celina Błaszczyk

Institute of Sociology

University of Łódź

Poland’s Integration

with the European Union

1. Introduction to the development of relations

between Poland and European Union

The development of economic and political relations between Poland

and the European Communities (EC) is characterised by significant evolu-

tion. It was originally determined mainly by political factors and by the ide-

ological division of the  European continent into two antagonistic blocks.

The deepening of the process of European integration as well as the aforemen-

tioned political division were the main reasons for the relatively slow develop-

ment of mutual relations between Poland and the European Communities.

Nevertheless, economic relations between Poland and European Com-

munities, in particular with some Member States (e.g. Germany), have always

been characterised by relatively considerable yet asymmetrical intensity (Polish

trade with the EC was significant and the share of the EC in foreign trade of

Poland was 50%). The share of the EC in the Polish export was about 25%,

while the share of Poland in the total export of the EC was less then 1%.

The scope of co-operation between Poland and EC was the function of

the level of economic development as well as of the systemic, political and

institutional conditions.

Poland as member of Comecon (Council for Mutual Economic

Assistance) shaped its economic relations, its intensity, commodity and

geographic structures under the  terms of the  international agreements

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Maria Celina Błaszczyk

(mainly bilateral) in the  conditions of monopolistic centrally planned

foreign trade system.

The economic relations of Poland with the European Communities

depended on institutional solutions within the relations between the Eu-

ropean Economic Community (EEC) and Comecon as well as on mutual

recognition of both parties and framework solutions in the mutual rela-

tions between EEC and Comecon.

1

That situation resulted from different political and ideological systems

prevailing on both sides of Europe and any changes required the new po-

litical configuration.

Only when the changes in the Soviet Union, the fall of the Berlin Wall

in 1989, reunification of Germany and the initiation of the transformation

process in the CEECs occurred, could the changes in the mutual relations

between EC and Comecon take place.

After these changes Central and Eastern European countries gained

relative independence in their foreign and economic policy.

On 25

th

June 1988 the Joint Declaration on the Establishment of Offi-

cial Relations between EC and Comecon was signed. This Declaration was

mainly of political nature, but it confirmed that there were a lot of areas

of potential co-operation between EC and Comecon

2

like standardisation,

environment, transport or energy.

The Joint Declaration made it possible to regulate – on the basis of

a formal agreement – the trade relations and economic co-operation be-

tween the European Community and Central and Eastern European coun-

tries. It facilitated undertaking of bilateral talks between interested parties,

which were concluded with signing of a number of trade and economic

1

Until the EU common commercial policy was introduced, in the economic rela-

tions among former communist countries and Member States of the EEC bilateral agree-

ments on commerce had been in operation. Introduction of commercial policy of EEC in

1975 resulted in the expiry of all bilateral agreements between individual Central and East-

ern European Countries (CEEC) and EEC countries. The framework agreement proposed

by the EEC to be concluded by each and every CEEC with the EEC as a whole was rejected

because of the absence of mutual recognition of EEC and Comecon. Between 1975 and

1989 the relations between the EEC and CEECs were of non-contractual nature. The EEC

applied the so-called autonomous commercial policy in relation to the CEECs.

2

Comecon was dissolved in 1991.

207

Poland’s Integration with the European Union

co-operation agreements between the EC and individual Central and East-

ern European countries.

3

Poland concluded such an agreement on 19

th

September 1989 for

5 years. This agreement provided for the abolition of quantitative restrictions

(in three stages, that after 1994 were applied only in the exceptional cases, in

the fact, after 1

st

January 1990 these restrictions were temporarily abolished

or suspended). Within the framework of the GSP (Generalised System of Pref-

erences) the Community granted to Poland a number of tariff reductions for

export of industrial products to the EC market. The agreement also outlined

the general framework of the economic, scientific and technical co-opera-

tion between Poland and the EC, in such areas as petrochemical industry,

construction, agriculture, agricultural-food industry, production of agricul-

tural machines, energy, transport, mining, tourism and telecommunication.

Priority was given to such fields of co-operation as environmental protec-

tion, health protection and training of administration. Under the agreement,

a Mixed Committee, composed of the representatives of both parties, was

established to take care of its proper implementation.

In the meantime, the European Community’s PHARE (Poland and

Hungary Assistance for Restructuring of Their Economies) Programme,

launched in 1989, provided financial support for Poland’s efforts to re-

form and rebuild the Polish economy. PHARE became the world’s largest

assistance programme in Central Europe, providing technical expertise and

investment support.

4

2. The association between Poland and European

Communities and its Member States

On 17

th

January 1990, J. Delors – former President of the European

Commission, proposed to the European Parliament that association agree-

ments could be signed with those Central and Eastern European countries,

3

Hungary – 1988, Czechoslovakia – 1990, Bulgaria – May 1990, Romania – con-

cluded trade agreements on industrial products with the EEC in 1980 and later in June

1990, the GDR – May 1990, the USRR – December 1989.

4

Under PHARE Programme between 1990–2007 Poland received the  assistance

amounting to ca. 3.9 billion EUR, http://www.ce.uw.edu.pl/pliki/pw/2-2008_Mrowka.pdf.

208

Maria Celina Błaszczyk

which wished so. These agreements made it possible “to create institutional

framework for true dialogue and joint political and economic activities,

the widening of co-operation in the field of technology, science, culture,

protection of the environment, trade and finances […]”.

5

The Commu-

nity declared that it was ready to develop relations with Central Eastern

European countries, focused on broad co-operation and intensive political

dialogue.

The logic behind the EC’s position was as follows:

– on the one hand, the EC wanted to deepen mutual relations with

the CEECs within the institutional framework based on the provisions of

the association formula of the Treaty of Rome;

– on the other hand, the EC wished to clearly differentiate this co-op-

eration from the accession of the CEECs to the EC.

The  EC’s proposal to conclude the  association agreement with

the Central and Eastern European countries was some kind of a manoeu-

vre, meant to elude the possibility of potential demands of CEECs to join

the European Community.

The proposal of J. Delors shows that apart from trade relations, inten-

sified financial assistance and the accession to the EC, there were a lot of

questions to solve. Therefore, the European Community did not agree to

include in the preamble to the Association Agreement with Poland a clear

declaration on the  “automatic membership” that could take place after

some transitional period.

The European Community underlined at that time that its priority

task was the creation of an integrated market and an economic and political

union

6

between its members. The enlargement would make it difficult and

possibly hamper the process of deepening European integration. According

to J. Delors – the enlargement with new member states required, first of all,

progress in the construction of the Economic and Monetary Union, but for

example F. Mitterand considered the enlargement of the EC with all East-

ern European countries an unrealistic option. The European Community

5

Source: Le Monde diplomatique, February 1990.

6

Based on the Maastricht Treaty establishing the European Union and subject to ratifi-

cation after being signed in February 1992.

209

Poland’s Integration with the European Union

would have had to solve in particular its internal problems first, while in

the meantime Central and Eastern European countries would have a possi-

bility for wide co-operation on the basis of the association formula.

The countries of Central and Eastern Europe wanted to strengthen

their economic and political relations with the Community. Poland was

particularly interested in maintaining and developing long-term co-opera-

tion (formulated as a system of regulations) with the EC – for both political

and economic reasons.

The political reasons – strengthening the new democracy

7

and widely

understood political dialogue with the European institutions. Economic

reasons resulted from the dominant position of the Community as Poland’s

major trade partner, possible access to new technologies and joint research

programmes, financial and technical assistance, preferences in access to

the  Community’s market, attracting foreign investments, possible access

to the European financial institutions (EIB, EBRD), and consequently –

assistance for transforming and restructuring of the Polish economy, and

its inclusion in the international division of labour alongside appropriate

growth of its economic potential and welfare in the long run.

The basis for concluding the association agreements is provided by Ar-

ticle 310 of the  Treaty,

8

which was not changed by  the  Maastricht and

Amsterdam Treaties.

An Association Agreement is negotiated by the European Commission

on the basis of the mandate granted by the Council of Ministries, and con-

cluded by the Council unanimously, after consultation with the European

Parliament. This agreement requires the ratification in all Member States

(according to national requirements) and in the associated countries as well.

Association is a rather general term, which does not mean the same

status is granted to all associated countries. In practice different forms of

association exist.

We can define the association according to Article 310. Association

is bilateral in its nature, it provides for the creation of association institu-

tions for proper implementation of its provisions and for the achievement

7

E.g. in the case of Portugal’s entry, this factor was relatively important.

8

Former article 238 of the Rome Treaty.

210

Maria Celina Błaszczyk

of planned goals; it also foresees the creation of a preferential trade zone

– a customs union or a free trade area. Some association agreements foresee

future membership of an associated country in the European Community.

9

All association agreements as preferential agreements create preferen-

tial trade zones on the  basis of mutual concessions, concerning the  free

movement of goods, capital and services and sometimes a special system

for agricultural products or common tariff in the case of a customs union.

Association agreements include institutional provisions, which create

the institutions of the association. Some of them provide for financial assis-

tance in the form of special financial protocols, which determine the volume

and forms of this assistance and conditions, subject to which it is granted.

Generally, it should be noted that in the system of external relations

of the EC, an associated country is something more than a third country.

Yet, not being a third country, it is not a member state either. It does not

participate in the institutional mechanisms of the Community, though it

enjoys links with the Community’s institutions.

10

We have to underline, that the European Community concludes as-

sociation agreements with those third countries, which are democratic and

respect human rights.

Poland concluded the association agreement – the so-called Europe

Agreement – with the European Communities on 16

th

December 1991.

Because it was known that the  ratification process would be long,

11

on

1

st

  March 1992 the  Interim Agreement entered into force. The  Inter-

im Agreement was a part of the Association Agreement concerning only

the  regulations and common provisions on trade between Poland and

the European Community.

The Europe Agreement became a first basic legal instrument of mutual

relations between Poland and the European Union.

The Europe Agreement covers trade-issues, political dialogue, approx-

imation of laws, free movement of workers, capital and services, rules on

9

For example, association agreement with Greece and Turkey.

10

See: l’Association à la Communauté Européenne, Aspects Juridiques, Bruxelles

1970, pp. 6–7.

11

In parallel to the ratification of agreement with Poland, Member States ratified

the Maastricht Treaty; the entire Europe Agreement entered into force on 1 February 1994.

211

Poland’s Integration with the European Union

competition, financial co-operation and various other areas of co-operation

including industry, environment, transport, energy, customs, etc.

The aim of the Europe Agreement was to establish a free trade area

between Poland and the European Union within a maximum period of ten

years. No new customs duties or quantitative restrictions were to be intro-

duced in trade between Poland and the European Union from the date of

entry into force of the Interim Agreement as a commercial part of the Eu-

rope Agreement. Finally, free trade area with Poland was established from

1

st

January 2002, but only in relation to industrial products. With regard

to agricultural products the liberalisation of trade was very limited

12

at that

time.

The Europe Agreement provided for asymmetry in the trade between

Poland and the EU. This asymmetry meant more rapid liberalisation on

the  EU side than on the  Polish side. Despite this asymmetry, the  trade

balance of Poland with the European Union was negative, reaching a value

of ca. 11 billion EUR.

We have to underline that under the Europe Agreement trade between

Poland and the EU grew rapidly. This was not only due to the fact that

Poland reoriented its trade away from the market of the former Council

for Mutual Economic Assistance, but also because the EU was the largest

source of trade, assistance and investment. Soon after the conclusion of

the  Europe Agreement, the  EU became the  main economic partner for

Poland. Now the EU is the most important market for Polish exports, ab-

sorbing more than 70% of total Polish exports and imports.

The Europe Agreement provided also for progressive alignment with

the Community rules as well as with a number of specific provisions in

areas such as capital movement, rules of competition, intellectual and in-

dustrial property rights and public procurement.

The Europe Agreement created also association institutions.

13

These in-

stitutions assumed an expanded their role within the reinforced pre-accession

12

Trade in agricultural products was subject to separate regulations.

13

Association Council (ministerial level), Association Committee (high-level civil

servants), Association Parliamentary Committee, Multidisciplinary sub-committees (tech-

nical level).

212

Maria Celina Błaszczyk

strategy, in particular with regard to monitoring the progress made by Po-

land in the adoption and implementation of the acquis communautaire and

the provisions of Europe Agreement.

The aim of the Europe Agreement is defined in its Art. 1 and is formu-

lated as follows “to provide an appropriate framework for political dialogue

[…], to promote the  expansion of trade and the  harmonious economic

relations between the parties and so to foster the dynamic economic de-

velopment and prosperity in Poland, to provide a basis for Community’s

financial and technical assistance to Poland and to provide an appropriate

framework for Poland’s gradual integration into Community […]”.

14

It should be underlined that Poland treated the process of association

as a certain transition stage on the road to full integration with the EC and

as a phase, during which all necessary adjustments of the Polish economy

vis à vis the requirements of the single European market would be carried

out. It can be stated that the Europe Agreement created an institutional ba-

sis for long-term co-operation between both parties and for the process of

transformation of the Polish economy. Integration processes were initiated

together with the change of the entire socio-economic system. Moreover,

they seemed to be indispensable and inevitable. In the preamble of the agree-

ment it is stated that “[…] Poland and the Community wish […] to estab-

lish close and permanent relationships based on a reciprocal principle […]

which will enable Poland to participate in the process of European integra-

tion and that […] the final goal of Poland is membership in the Commu-

nity, and association in the opinion of both sides will help to achieve this

goal”.

15

Consequently, the Europe Agreement recognised the intention of

Poland to become a member of the European Union, but, during the nego-

tiation of the Association Agreement, Poland wanted to insert into it a clear

declaration on the “automatic membership” after some transitional peri-

od. The European Community did not agree to insert it then. Finally, in

the preamble of the Agreement we can find only a non-binding statement

14

Europe Agreement establishing an association between the Republic of Poland, of

the one part, and the European Communities and their member states, of the other part

in: Dziennik Ustaw Rzeczypospolitej Polskiej (Official Journal of The Republic of Poland),

Annex to No. 11, item 38 of 27

th

January 1994, Office of the Council of Ministers.

15

Ibidem.

213

Poland’s Integration with the European Union

that the association will help Poland join the European Communities. We

can explain this by the fact that at that time the EU was not ready to admit

new members.

3. From association to accession

Only at the Copenhagen European Council Summit in June 1993,

did the  European Union take a  decision on enlargement, agreeing that

the  associated countries in Central and Eastern Europe that so desired

should become members of the European Union.

Thus, enlargement was no longer a question of “if” but “when” and

“under what conditions”. At the Copenhagen Summit for the first time it

was openly declared that: “Accession will take place as soon as an associat-

ed country is able to assume the obligations of membership by satisfying

the economic and political conditions required”.

16

At the same time EU’s

Member States identified the membership criteria, the so-called, “Copen-

hagen criteria”.

According to the  Copenhagen Summit, membership required that

a candidate country has achieved:

– stability of institutions guaranteeing democracy, the rule of law, hu-

man rights and respect for and protection of minorities,

– the existence of a functioning market economy as well as the ca-

pacity to cope with competitive pressure and market forces within Union,

– the ability to take on the obligations of membership including ad-

herence to the aims of political, economic and monetary union.

It was also stressed in Copenhagen that the Union’s capacity to absorb

new members, while maintaining the momentum of European integration,

was also an important consideration in the interest of both the Union and

the candidate countries.

Basic conditions for enlargement were already set out in Article 49 of

the Treaty (ex. Article O): “Any European State which respects the principles

set out in Article 6 (1) may apply to become a member of the Union. It shall

16

See: Conclusions of the Presidency, European Council in Copenhagen, 21–22 June

1993, SN180/93.

214

Maria Celina Błaszczyk

address its application to the Council, which shall act unanimously after con-

sulting the Commission and after receiving the assent of the European Par-

liament, which shall act by an absolute majority of its component members.

The conditions of admission and the adjustment to the Treaties on

which the Union is founded which such admission entails shall be the sub-

ject of an agreement between the Member States and the applicant State.

This agreement shall be submitted for ratification by all the contracting

States accordance with their respective constitutional requirements”.

17

At that time the accession to the European Union, meant that a can-

didate country was obliged to accept the  aquis communautaire in full,

including free movement of goods, services, persons and freedom of estab-

lishment. It also meant the adjustment to common principles, Community

norms and common policies. Finally, the accession to the European Union

was also about joining the second pillar of the Union (Common Foreign

and Security Policy) and Co-operation in Justice and Home Affairs (third

pillar).

18

Poland – taking into consideration all the above conditions, circum-

stances, and the Copenhagen decisions – submitted its official application

for the EU membership on 5

th

April 1994, after the entry into force of

the Europe Agreement.

The  Essen European Council in December 1994, defined a  pre-ac-

cession strategy to prepare the countries of Central and Eastern Europe

for European Union membership. This strategy was based on three main

elements. The first concerned the implementation of Europe Agreements.

The second one related to the financial assistance within the PHARE Pro-

gramme and the third element consisted in a “structured dialogue”

19

bring-

ing all Member States and candidate countries together to discuss issues of

common interest.

17

Current art. 49 of the  Treaty on European Union (Lisbon Treaty), amending

the Treaty on European Union, the Treaties establishing the European Communities, which

entered into force on 1

st

December 2009.

18

The pillar structure of the EU was abolished by the Lisbon Treaty and the EU

obtained a legal personality.

19

Regrettably this dialogue was transformed into a “monologue” of the candidate

countries.

215

Poland’s Integration with the European Union

The Madrid European Council in December 1995 called on the Eu-

ropean Commission to submit an assessment of the candidate countries’

application for membership as soon as possible after the Intergovernmental

Conference (IGC) on the reform of the EU’s institutions.

20

It also reaf-

firmed that the  necessary decisions for launching accession negotiations

would be taken within six months of the IGC’s conclusion. IGC was com-

pleted in June 1997 in Amsterdam during the European Council Summit.

In July 1997, the European Commission presented a general docu-

ment drafting directions for the future of Europe – “Agenda 2000”. It was

a single framework, within which the Commission outlined broad perspec-

tives for the development of the European Union and its policies beyond

the turn of the century, the impact of the enlargement on the European

Union as a whole, and the future financial framework beyond 2000, taking

into account the prospect of an enlarged Union.

Agenda 2000 was composed of three parts. Its first part “For a stronger

and wider Union”

21

included the priorities of development of the Europe-

an Union for the coming years. It contained the assurance of sustainable

development and promotion of employment, extension of the  econom-

ic and social cohesion, modification of common agricultural policy, and

the reform of the Structural Funds. It also stipulated for the achievement

of a strong position of the Union in the world to cope with the challeng-

es of the forthcoming enlargement and new budgetary proposals, which

guaranteed the attainment of determined goals. In this part the financial

perspectives for 2000–2006 were also presented.

The second part “Reinforcing Pre-accession strategy”

22

included the pro-

posals on enhanced pre-accession strategy, as formulated by the European

20

According to the Treaty of Maastricht, IGC on reform of the European institutions

was to be opened in 1996. The institutional reform of the European Union was seen as

necessary, because the existing institutions were created for first six countries originally and

after accession to the EU of additional countries, the institutional structure of the EU is was

not effective and efficient.

21

See: Agenda 2000: For a stronger and Wider Europe, COM (97) 2000, vol. 1 and

2 in: “Bulletin of the European Union”, Supplement 5/97.

22

See: Agenda 2000 – Volume II – Communication: Reinforcing the Pre-accession

Strategy, DOC/97/7 Brussels, 15 July 1997.

216

Maria Celina Błaszczyk

Council in Essen. The main objective of this strategy was to prepare candidate

countries to the EU membership. The strategy aimed at solving the principal

problems identified by the European Commission in each of the opinions

on candidate countries. The strategy was based on three elements: Europe

Agreements as a  formal basis of relations of the  European Union with

the candidate countries, structural dialogue and the PHARE Programme.

Agenda 2000 also included the Commission’s Opinions on candidate

countries’ applications for membership.

These Opinions evaluated the  situation of each and every country

with respect to the  accession criteria. The  Commission, while prepar-

ing the Opinions, took into account information provided by candidate

countries themselves, assessment made by the Member States, reports and

resolutions by the European Parliament, information from other interna-

tional organisations and international financial institutions as well as pro-

gress made by the applicant countries in order to realise the provisions of

the Europe Agreements. Finally, the Opinions were not only an assessment

of the performance of each country until 1997, but also a forward-looking

analysis of expected progress. The European Commission recommended

in its Opinions that accession negotiations start with the Czech Republic,

Estonia, Hungary, Poland, Slovenia and Cyprus.

The Opinion on Poland’s application consisted of the description of

the development of the relations between Poland and European Union,

the assessment of fulfilment by Poland of Copenhagen criteria, the gen-

eral assessment of the situation and perspectives of Poland in relation to

membership requirements, and the recommendation for launching of ac-

cession negotiations. The Commission concluded that Poland “is a dem-

ocratic country with stable institutions, which guarantee democracy, law

and order, human rights and respect for and protection of minorities” and

that “Poland can be considered as a country with the functioning market

economy, which should be able to cope with the competitive pressure and

market forces within the Union in the “middle-term perspective”.

23

The Commission in its opinion made also some critical observations.

With regard to political criteria, the  Commission recommended under-

23

Agenda 2000, Supplement 5/97.

217

Poland’s Integration with the European Union

taking moves aimed at securing of totally free press and the completion

of the  procedures relating to the  compensations for the  property taken

over by Nazi and communists. With regards to economic stability criteria,

the Commission recommended reinforcement of the reform of the pension

and social security systems as well as the development of financial services,

in particular of banking sector.

4. Pre-accession strategy

On the basis of the recommendation of the European Commission,

the  Luxembourg European Council in December 1997,

24

decided to

launch enlargement process of the European Union. During the Luxem-

bourg Summit, Poland was qualified by the European Council, together

with other five candidate countries (Czech Republic, Estonia, Hungary,

Slovenia and Cyprus),

25

for the opening of accession negotiations in au-

tumn 1998. The Luxembourg European Council decided that the enlarge-

ment process should encompass the European Conference as a multilateral

framework that brings together the countries from Central Europe, Cyprus

and Turkey. The Conference was a multilateral forum for discussing issues

of common interest, such as foreign and security policy, justice and home

affairs, regional co-operation and economic matters. This Conference met

for the first time in London on 12

th

March 1998 at the level of foreign

affairs ministers.

According the Luxembourg European Council, the accession process

was launched in Brussels on 30

th

March 1998 for all the ten Central Eu-

ropean candidate countries and Cyprus. The accession negotiations were

formally opened on 31

st

March 1998 with six countries, as recommended

by the European Commission: Cyprus, the Czech Republic, Estonia, Hun-

gary, Poland and Slovenia.

26

24

See: Presidency Conclusions, Luxembourg European Council, 12 and 13 December

1997.

25

The so called “Luxembourg group”.

26

On February 2000 accession negotiations were formally opened with other six

Central and Eastern European countries: Bulgaria, Latvia, Lithuania, Malta, Romania and

218

Maria Celina Błaszczyk

Malta, which had “frozen” its application for membership in 1996,

reactivated it on October 1998.

The accession negotiations with the candidate countries were conduct-

ed individually and their pace depended on the degree of preparedness of

each candidate country to EU membership and the complexity of the issues

to be resolved. In the process of negotiations each candidate was assessed

by its own merits concerning the progress of its adjustment to membership

criteria. For these reasons, it was not possible to estimate beforehand when

the accession negotiations would finish.

Accession negotiations started with the screening process. The aim of

the screening was to help the candidate countries to increase their under-

standing of the European legislation and to identify more clearly the is-

sues they needed to address while adopting and implementing the acquis,

and finally to prepare the candidate countries for the negotiating process.

The Screening started in the spring of 1998 and was concluded for Poland

in June 1999. The European Commission conducted the process of ana-

lytical examination of the Union acquis’s gradual adoption in the candidate

countries. From the technical point of view, for the purpose of screening

and negotiation process, European legislation was divided into 29 negoti-

ation chapters and two additional chapters, “Institutions” and “Others”,

which was not covered by the screening,

27

which identified the areas to be

negotiated.

Slovak Republic, after a December 1999 European Council Summit in Helsinki decided,

on the basis of a recommendation of the European Commission, to open formally the ne-

gotiations with six further candidate countries. The Helsinki European Council confirmed

also that Turkey is a candidate country destined to join the Union on the basis of the same

criteria as applied to the other candidate countries, see: Presidency Conclusions, Helsinki

European Council, 10 and 11 December 1999.

27

Free movement of goods, Free movement of persons, Freedom to provide servic-

es, Free movement of capital, Company law, Competition policy, Agriculture, Fisheries,

Transports, Taxation, Economic and Monetary Union (EMU), Statistic, Employment and

Social Policy, Energy, Industrial Policy, Small and Medium-Sized Enterprises, Science and

Research, Education and Training, Telecommunications, Culture and Audio-visual Policy,

Regional Policy, Environment, Consumer Protection, Justice and Home Affairs, Customs

Union, External Relations, Common Foreign and Security Policy (CFSP), Financial Con-

trol, Finance and Budgetary Provisions.

219

Poland’s Integration with the European Union

Following the proposals of the European Commission in Agenda 2000,

the Luxembourg European Council decided on a reinforced pre-accession

strategy to prepare the candidate countries for EU membership. In particular,

this strategy was aimed to assist the candidate countries in solving the prob-

lems identified in the European Commission’s Opinions. The strategy, based

on five main elements: Implementation of the Europe Agreements, Accession

Partnerships and National Programmes for the Adoption of the Acquis, in-

creased pre-accession assistance including New Orientation of the PHARE

Programme

28

and launched two new pre-accession instruments from the year

2000 (ISPA

29

and SAPARD

30

) and opened European Community pro-

grammes and agencies for the candidates.

Until 1998, pre-accession assistance was linked with the programmes

designed to prepare the candidate countries to meet membership require-

ments. Those programmes were formulated in the Accession Partnerships.

The Accession Partnerships defined short- and medium term priorities for

each applicant country to be achieved by themselves to become the mem-

bers of the EU. They also defined the main instruments, rules and conditions

of financial assistance. The Accession Partnerships thus became the single

programming framework for European Community assistance. They were

key instruments in strengthening the pre-accession strategy. The Accession

Partnerships were regularly updated, in order to adjust the priorities and

cover all pre-accession assistance. Only the  priorities defined in the  Ac-

cession Partnerships could be financed by PHARE, SAPARD, ISPA and

the Community programmes.

In response to the Accession Partnership, Poland drew up the National

Programme for the Adoption of the Acquis (NPAA). The first NPAA was

adopted by  Polish Government in June 1998. This document defined

the directions of adjustment activities and as well provided the timetable

28

Financed Institution Building measures across all sectors and investment in fields

not covered by  other two instruments, including integrated regional development pro-

grammes.

29

Financed major environmental and transport infrastructure and has an annual

budget of 1.040 million EUR.

30

Financed agricultural and rural development and has an annual budget of

520 million EUR.

220

Maria Celina Błaszczyk

for its implementation for the  years 1998–2002.

31

The  National Pro-

gramme set out in detail how Poland intended to fulfil the priorities of

the Accession Partnership and to prepare for its integration into the Eu-

ropean Union.

It was composed of two parts. Part one defined the objectives, sub-

stantial, organisational and financial conditions as well as identified

the problem areas in two main fields. The first one was connected with

fulfilling membership criteria, in particular in areas such as public pro-

curement, normalisation and certification, consumer protection, intel-

lectual and industrial property rights, environment protection, labour

market and social policy and justice and home affairs. The second field

concerned the maintaining of a high rate of economic growth through

the appropriate measures undertaken in the areas such as indirect taxa-

tion and strengthening of tax administration, transport, anti-monopoly

law, rules of state aid application, agriculture, fisheries, regional policy

and financial control.

Part two of the NPAA defined the scope of tasks necessary to fulfil

the priorities, together with the time schedule of tasks implementation and

the financial resources required.

In this way, the National Programme for the Adoption of the Acquis

complemented the  Accession Partnership. It contained a  timetable for

achieving the  priorities and objectives and where possible and relevant,

indicates the human resources to be allocated. The NPAA defined precise-

ly the tasks aimed at fulfilment of the obligations resulting from the Eu-

rope Agreement and the priorities of the Accession Partnership. Every year

the National Programme was updated, formulating new priorities, the up-

dated timetable and responsible institutions.

After the adoption of Agenda 2000 in December 1997, each applicant

country, every year, was subject to the evaluation by the European Com-

mission, which prepared the  so-called Regulars Reports.

32

These reports

31

NPAA covered those years because originally the planned date of accession of Po-

land to the EU was to be 1

st

January 2003.

32

The name of the first report was Progress Report. Later this name was reserved only

for reports drafted for the purpose of conduction negotiation process, the ones presenting

221

Poland’s Integration with the European Union

contained the examination of each candidate country from the point of

view of the fulfilment of the Copenhagen criteria and implementation of

the adjustment process.

In the line with the conclusions of the Berlin European Council in

March 1999, pre-accession assistance to the candidate countries of Central

and Eastern Europe was to be more than doubled from the year 2000 on-

wards, more than 3 billion EUR will be made available annually between

2000 and 2006 through the PHARE Programme and two new pre-acces-

sion instruments ISPA and SAPARD, as proposed by the European Com-

mission in Agenda 2000.

The European Commission proposed to focus the PHARE Programme

on preparing the candidate countries for EU membership by concentrating

its support on two crucial priorities in the adoption of the acquis commu-

nautaire, namely Institution Building and Investment support.

Institution Building meant adapting and strengthening democratic

institutions, public administration and organisations that have responsi-

bility in implementing the Community legislation. It should be under-

lined that integration process was not simply a question of approximating

candidate countries’ legislation to that of the Community, but also the one

of ensuring the  effective and efficient implementation of the  European

law. It meant the  development of relevant structures, human resources

and management skills. Approximately 30 per cent of PHARE funds were

being used to meet those Institution Building needs, in particular through

the twinning mechanism.

The twinning was launched in May 1998 as the principal mechanism of

the Institution Building process, and is meant to help the candidate countries

in development of modern and efficient administration with the structures,

human resources and management skills needed to implement the Euro-

pean legislation according to the same standards as in the Member States.

The twinning provides the framework for administration in the applicant

countries to work with their counterparts in Member States to develop and

implement projects that involves the transposition and implementation of

the progress in the implementation of negotiation commitments in the individual negoti-

ation chapters.

222

Maria Celina Błaszczyk

a specific part of the acquis. Twinning projects were based on the mutu-

al work of a  pre-accession adviser from a  Member State administration

with administration in the corresponding ministry in the candidate country.

In Poland twinning was used in such priority areas as finance, agriculture,

environment, justice and internal affairs. Twinning covered also the pro-

jects that prepared Poland to use the structural funds. Within the twinning

projects the seminars and training for Polish public administration were

organised.

The adoption of the acquis communautaire meant that each candidate

country should adapt, as soon as possible, their economic actors and in-

frastructures to respect Community norms and standards. This required

considerable investments to be made and approximately 70 per cent of

PHARE funds were being used to finance the investment support.

In Poland, this was particularly the case of the enforcement of Commu-

nity rules and standards in structural activities related to the restructuring

of agriculture, regional development and human resources development.

Support for investment was also important in the adjustment to European

norms and standards in areas such as environment, agriculture, industry,

safety and hygiene at work, transport and telecommunication. Investment

effort was needed also for co-financing big infrastructure undertakings and

to support small and medium-size enterprises. It should be underlined

that this investment support was very important from the point of view of

proper adjustment and development of the Polish economy to Community

norms and for avoiding long transition periods.

It should be stressed that an important instrument for preparing

the candidate countries for joining the EU was the opening of the Euro-

pean Community programmes and agencies for them. Community pro-

grammes were designed to promote and reinforce co-operation between

Member States in specific areas, such a  public health, environment, re-

search and energy, and to support student and youth exchanges, such as

Socrates, Leonardo da Vinci and Youth. The objective behind the partici-

pation of applicant countries in Community programmes was to facilitate,

for instance, the exchange of students, young people, scientist, and civil

servants. Poland participated also in the works of Community agencies, for

instance in the European Environment Agency.

223

Poland’s Integration with the European Union

5. Accession negotiation process

The accession negotiations took the form of series of bilateral inter-

governmental conferences between the  EU Member States and each of

the candidate countries.

Following the detailed examination of different chapters

33

of the acquis

during the screening process, the negotiations with Poland were opened, in

practice, on 10

th

November 1998, and then continued chapter by chapter.

The procedure of accession to the European Union, starting with the sub-

mission of the application for EU membership and concluding with the en-

try into force of the Accession Treaty, required appropriate preparations and

organisation of the negotiations from the Polish Government. This was nec-

essary not only for proper representation of Poland in the negotiations with

the Member States of the European Union, but also from the point of view

of the need for internal co-ordination in elaboration of negotiation positions.

For this purpose, just before the opening of accession negotiations in

March 1998, the Government Plenipotentiary for Poland’s Accession Ne-

gotiations to the European Union (as the Principal Negotiator) was been

appointed. His tasks consisted in the preparation of the general conception

and co-ordination mechanisms for accession negotiation process.

The Prime Minister offered political guidance for the accession nego-

tiations. The Prime Minister, in consultation with the Ministry of Foreign

Affairs, the Principal Negotiator and the Secretary of the Committee for

European Integration, took the main-line decisions relating to the negotia-

tion process. The Council of Ministers approved the negotiation positions,

prepared by Negotiating Team, after the examination and recommendation

to the Council of Ministers by the Committee for European Integration.

On the EU side, the Commission’s Directorate-General for Enlarge-

ment proposed the common negotiation position for the European Union

for each chapter relating to matters of Community competence. This prop-

osition was transmitted to the COREPER, which carried out detailed elab-

oration of common position. The Union’s common position is approved

unanimously by the Council of the European Union.

33

See: note 26.

224

Maria Celina Błaszczyk

Negotiation sessions were held at the level of ministers or their depu-

ties, permanent representatives of the Member States and Ambassadors or

Chief negotiators on side of the candidate countries.

The accession negotiations with Poland were opened with the so-called

“easy” negotiation chapters as Education and Training, Science and Re-

search or Small and Medium Sized Enterprises. In those areas, which posed

no negotiation problems, the negotiations were short and closed early. In

the most difficult areas, which posed considerable negotiation problems,

such as agriculture, environment or free movements of persons, Poland

jointly with the EU were seeking arrangements regarding transitional peri-

ods as requested by Poland or by the European Union.

After almost four years, Poland concluded its negotiations on 13

th

December 2002 during the  European Council Summit in Copenha-

gen.

34

The Copenhagen Summit was successful because it was possible

to conclude the  accession negotiations with eight candidate countries

from Central and Eastern Europe as well as with Cyprus and Malta. This

was not evident just before the Summit as a lot questions had not been

solved. It is worth stressing that the Danish idea “From Copenhagen to

Copenhagen” was perhaps the idea, which accelerated the conclusion of

the negotiation process. It was obviously a very complex and multi-fold

process. Never before was the European Union engaged in negotiation

process with twelve countries at a time. The Copenhagen Summit became

a matter of historical interest as symbolising end of political division of

the European continent.

In the conclusions of the Summit we read “The European Council in

Copenhagen in 1993 launched an ambitious process to overcome the leg-

acy of conflict and division in Europe. Today marks an unprecedented and

historic milestone in completing this process with conclusion of accession

negotiations with Cyprus, the Czech Republic, Estonia, Hungary, Latvia,

Lithuania, Malta, Poland, the Slovak Republic and Slovenia. The Union

now looks forward to welcoming these States as members from 1 May

2004. This achievement testifies to the common determination of the peo-

ples of Europe to come together in a Union […]. The agreement reached

34

Presidency Conclusions, Copenhagen European Council 12 and 13 December 2002.

225

Poland’s Integration with the European Union

will provide the  acceding states with the  necessary transitional arrange-

ments to cope successfully with all obligations of membership. The result

achieved in the accession negotiations ensures the continued functioning of

the internal market as well as the various EU policies […]. The current en-

largement provides the basis for a Union with strong prospects sustainable

growth and an important role to play in consolidating stability, peace and

democracy in Europe and beyond […]”.

35

It should be noted that – particularly for Poland – the date of 13

th

 De-

cember is a symbolic date. The 13

th

December of 1981 was date of introduc-

tion of the martial law and now also the date of conclusion of negotiation

process relating to Poland’s integration with the European Union.

The  conditions of Poland’s membership in the  EU are specified in

the Accession Treaty, which was signed officially in Athens on 16

th

2003.

Poland and the EU during negotiation process agreed on some tran-

sitional periods in certain areas. Poland was granted transitional arrange-

ments related to nine negotiation chapters and Poland accepted the EU

request for transitional arrangements related to two chapters and in

the largest chapter related to agriculture the transitional arrangements were

negotiated with Poland.

36

For Poland, the most important were multi-annual transitional peri-

ods related to purchase of land in Poland,

37

state aid in special economic

zones, road transport and in the environment sector.

38

As a result of negotiations we had also transitional arrangements re-

quested by EU, those related to the free movement of workers. They meant

that after the accession to the EU the labour market of the EU Member

States remained closed for Polish citizens according the following formula:

35

Ibidem.

36

Uniting Europe, No. 215 – 20/1/2003.

37

Within a 5-year-long period from the date of accession to the EU Poland could

apply, vis-a-vis the citizens of EU (and Member States of EEA), the restrictions on the ac-

quisition of secondary residencies, and 12-years-long period of restricted acquisition of

agricultural and forest land; ibidem.

38

In this area Poland was granted transitional periods from 1,5 years to 14 years, in

relation to different specific Community rules, for instance urban waste water or packaging

waste; ibidem.

226

Maria Celina Błaszczyk

2 + 3 + 2 years. After the  first 2 years period, a  review was planned

by the Commission, and the transitional periods should end after first

5 years or could be prolonged for further 2 years, up to agreed 7 years.

39

It should be underlined that some Member States as Denmark, Greece,

Ireland, Suede and Great Britain already declared their readiness to liber-

alise their labour markets from the date of accession of Poland to the EU,

while France and Italy decided they would liberalise their labour markets

after 2 years from the date of accession.

40

In the largest negotiation chapter – relating to agriculture – the ne-

gotiations were very difficult and tense. It should be stressed that the ag-

riculture sector was very sensitive for the EU as well as for Poland and

the common agricultural policy (CAP) required a major reform. At that

time, there was no clear vision of reform directions for the CAP. Poland in

its initial negotiation position declared its readiness to accept all instru-

ments of CAP. Finally, Poland negotiated with the EU the transitional

arrangements relating to direct payments, simplified payment scheme,

production quotas, rural development and veterinary and phytosanitary

aspects.

41

To sum up, it is worth stressing, that as a result of the conclusion

of the  accession negotiations, which determined precisely the  perspec-

tive of Poland’s membership in the  EU, Poland undertook substantial

obligations. In general, Poland gave its consent to accept all of the acquis

communautaire. But not all Community standards and norms were to

become binding for Poland immediately after the EU accession. Some

EU regulations required progressive implementation and the date of their

transposition was moved beyond the date of Poland’s accession to the EU.

39

Ibidem.

40

Report on the results of accession negotiations of Poland to the EU, Council of

Ministers, Warsaw, December 2002 (in Polish).

41

As regards direct payments, Poland was to gradually phase-in EU agricultural direct

payments between 2004 and 2013. They were to start at 25% in 2004, 30% in 2005 and

35% in 2006 and increase by 10% steps to reach 100% in 2013, but in addition Poland

would have the possibility to top up direct payments respectively to: 55%, 60% and 65%,

with national money; ibidem.

227

Poland’s Integration with the European Union

6. Poland’s membership in the European Union

The conclusion of the negotiations relating to Poland’s membership

in the European Union crowned the long-lasting efforts of Polish society

aimed at the integration of Poland with the EU. It was a political and eco-

nomic comeback of Poland to Europe.

The  perspective of the  inclusion of Poland into the  European inte-

gration process was the driving force that supported the systemic transfor-

mations started already in 1989. Since then Poland carried out in parallel

two processes of integration and transformation. It undertook the efforts

aimed at complex adjustments in political, economic, legal and institution-

al spheres. An important factor for the success of the transformation was

also the support of the general public for difficult and often socially costly

adjustment measures.

The negotiations themselves and the adjustment processes in the Pol-

ish economy and legal system were not easy. However, thanks to the politi-

cal will on the side of Poland and of the EU the negotiations were brought

to a successful end.

As stressed by Wim Kok, in his Report: “This enlargement is different

from its predecessors because it shifts the EU to a new scale of activity:

a continental scale of operation, which can enable it to function better, to

deliver better results to its citizens, and to be an actor in world affairs – pro-

vided that it seizes the opportunity”.

42

This enlargement of the EU to 25 countries ended the political and

economic division of the European continent and constituted a momen-

tous date in the history of Europe.

As decided in the conclusions of the European Council Summit in Co-

penhagen, the accession took place on 1

st

May 2004. The entry into force

of the Accession Treaty in candidate countries (the only exception being

Cyprus) required accession referenda. In Poland, the referendum took place

42

Enlarging the  European Union. Achievements and Challenges. Report of Wim

Kok to the European Commission, European University Institute, Robert Schuman Centre

for Advanced Studies, 26 March 2003.

228

Maria Celina Błaszczyk

on 7–8

th

June 2003 with the turnout of 58,85% and the level of support

for the integration of Poland with the European Union as high as 77,45%.

It is not possible to assess Poland’s membership in the EU based on

a single criterion. The results cannot be quantified easily and in a clear-cut

way as the  process covered a  number of various areas and was depend-

ent on different factors. Moreover, it is not possible to differentiate be-

tween the costs of transformation and the costs of integration. The total

effect depended on the level of Poland’s preparedness to the conditions of

the membership, including the adaptation capabilities of Polish economic

operators and the absorption capacity with regard to the application and

use of structural funds. Nevertheless it is evident that membership creat-

ed the potential for accelerated economic growth and, gradual levelling of

the development gap between Poland and the EU Member States. Inclu-

sion of Poland into the area of four freedoms (free movement of goods,

services, capital and persons) was to bring substantial benefits for increased

competitiveness of Polish economic actors and to facilitate the modernisa-

tion and restructuring of the economy.

One should not forget here about the benefits in political terms, name-

ly further increase of stability and security in Europe. The enlarged Europe-

an Union is able to enhance its role and importance on international scene

in the era of globalisation.

It is worth stressing that membership in the EU constituted a signif-

icant challenge not only for Poland and other accession countries but also

for the Union itself. To face the challenges the Union established the Con-

vention for the  Future of Europe that undertook the  crucial debate on

the future shape of the European construction. Poland participated in this

debate as an observer, while after the accession it took part in the Inter-

governmental Conference of 2004 as a full member. The main objectives

of the 2004 IGC were the ones regarding the decision on the division of

competences between the  Union and the  Member States (according to

the subsidiarity principle), the role of national parliaments, simplification

of the Treaties and status of the Charter of Fundamental Rights.

43

43

The changes proposed by the Convention took their final shape in the Lisbon Trea-

ty signed on 13

th

December 2007.

229

Poland’s Integration with the European Union

Now, nine years after the accession, the balance of Poland’s member-

ship in the EU is definitely positive. Poland’s membership in the EU is

the main factor supporting economic growth of the country,

44

including

Poland’s export to the  EU and financial transfers from the  EU budget,

particularly within the cohesion and agricultural policies. In 2012 Poland

reached the GDP per capita level of 65% of the EU average.

45

The accession of Poland into the European Union on 1

st

May 2004

brought about considerable improvement of economic and social situation

in Poland and of the quality of life of the Poles.

To sum up, it is worth stressing also that the enlargement of the EU

meant not only the modernisation, reconstruction and growth of compe-

tiveness for the Polish economy, but also positively influenced the econ-

omies of the  Member States of the  EU-15. Generally, we can say, that

the enlargement of the EU did not hinder the deepening of the European

integration process, which is very important in the light of the globalisa-

tion of the world economy, and, in particular, in the light of the current

situation in European and global economy.

44

See: Gospodarczo-społeczne efekty członkostwa Polski w Unii Europejskiej, z uwzględ-

nieniem wpływu rozszerzenia na UE-15 (1 maja 2004 – 1 maja 2012) – główne wnioski

w  związku ósmą rocznicą przystąpienia Polski do  UE; http://polskawue.gov.pl/files/pol-

ska_w_ue/czlonkostwo_polski_w_ue/Historia/2012_8_lat_Polski_w_UE.pdf.

45

The starting level of GDP in relations to EU average was ca. 40%.